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My inmate was picked up in MN on an assault charge, then extradited to Pennsylvania. Would this in PA be a technical violation or just an indirect because he left the county of supervision?
Good afternoon Melanie,Thanks for asking for me.First of all, under POA law, you can have either a technical violation of probation, or a substantive violation. The substantive violation occurs if he committed a new crime while on probation. If all he did was leave the county without permission, that was not a crime, and he would be being held on a technical violation. However, if he initially held in MN because of the commission of a crime there---then that would be a substantive violation.
You may reply back to me again, using the Reply to Expert link, if you have additional questions.I wish you the best in your future,Doug
Thank you, XXXXX XXXXX further research on substantive violations :) A couple more questions directly from the inmate if you could:You mentioned in a previous discussion that the court had 10 court business days to hold his Gagnon 1 hearing. Will he hear back the result from that immediately if he is not present so that he can request defense and find out his Gagnon 2 date? How long can he sit in that jail without hearing word from ANYONE, be they public defender or hearing date?
Thanks again for your time Doug, this is helping bring both of us out of the dark.
Hi Melanie,He will be present at the Gagnon hearing. The designated hearing officer shall be responsible for advising him of all information required at a Gagnon I hearing. A determination will be made at that hearing whether to release him back to continued supervision outside of jail, then he will be released soon thereafter.If he is deemed a flight risk, they will likely hold him until the Gagnon 2 hearing. I need to clarify something too. While many Gagnon 2 hearings are held within 30 days, there is a slight possibility that it could be held as late as 120 days after the first hearing. He will be able to ask for an attorney when he appears at the Gagnon 1 hearing.
There is no specific time he can be held without an attorney. he will be assigned on and be represented at the second hearing though.
o god 120 days. his residence is in mn, he will likely be named a risk. one more question from him, please. if he hears nothing after the 10th business day, what are his options?
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